Bilecki Reduces Alleged Housing-Fraud Loss and Negotiates No Confinement for Army Sergeant

Bilecki Reduces Alleged Housing-Fraud Loss and Negotiates No Confinement for Army Sergeant

March 2023

Camp Humphreys, Republic of Korea

Army Sergeant – E-5

Allegations: UCMJ Article 121 Larceny of Government Property over $1,000; UCMJ Article 105 Forgery; UCMJ Article 107 False Official Statement / False Swearing (5 specifications)

Facts

This was an Army Sergeant at Camp Humphreys facing a general court-martial case for approximately $200,000 in alleged Overseas Housing Allowance fraud. Maximum exposure on conviction at GCM ran into years of confinement, a Dishonorable Discharge, federal felony record, and total forfeitures.

The Government's case was that our client had submitted three DD Form 2367 OHA applications between late 2019 and summer 2022. The first listed a Shenyang, China residence at the lawful entitlement. The second listed the same address with the rent doubled. The third listed a new Hong Kong residence supported by a Tenancy Agreement and two sworn affidavits. CID's Diplomatic Security Service investigation in Hong Kong returned facially defective documentation on the third application, and the listed landlord number reached an elderly woman who denied owning property in the building. CID advised our client of his Article 31 rights in October 2022. He refused interview through counsel.

Our client retained Bilecki about ten weeks before the Government preferred charges in February 2023.

CID's DSS return on the Hong Kong application showed the third application was facially defective. The Shenyang documentation on the first two applications had a different documentary character (Chinese-jurisdiction lease forms with verifiable counterparties) and was not exposed by the same DSS work. The Government's own investigative file supported a narrower charge sheet than the one Trial Counsel was building. The defense walked Trial Counsel through the documentary distinction between the third application and the first two before charges were preferred. The motive context went up at the same time: the family hardship of a stage IV cancer diagnosis in our client's mother and an extended COVID-era separation from his parents.

The Government accepted a plea agreement with a no-confinement cap. The Article 105 forgery charge was dismissed. Four of the five Article 107 false-swearing specifications were dismissed. The stipulated loss was reduced from the Government's $200,424.53 figure to $101,292.55. The case was referred to a Special Court Martial, military judge alone, with no confinement available as a punishment.

Tim Bilecki traveled to Camp Humphreys, Korea for the trial.

The Military Judge adjudged reduction in rank, a reprimand, and partial forfeitures. No confinement. No punitive discharge.

The agreement kept the Sergeant out of confinement. The court also imposed no punitive discharge. He was still convicted at a special court-martial and received reduction, a reprimand and partial forfeitures. Tim had reduced both the amount attributed to him and the punishment he faced.

Result: Article 105 forgery dismissed. 4 of 5 Article 107 specs dismissed. Loss stipulation cut from $200K to $101K. No confinement. No punitive discharge.

---

FAQ

Q: How did Bilecki use the Government’s investigation?
The Hong Kong inquiry exposed problems with the third housing application. We compared that return with the documentation for the earlier Shenyang applications and challenged the Government’s treatment of the claims as one undifferentiated loss. Tim also presented the family circumstances, including his mother’s stage IV cancer and their prolonged separation.

Q: What changed in the negotiated result?
The forgery charge and four of the five Article 107 specifications were dismissed. The stipulated loss fell from $200,424.53 to $101,292.55. The case was resolved at a special court-martial under an agreement prohibiting confinement. The Sergeant was convicted and received a reduction, reprimand and partial forfeitures, but no confinement or punitive discharge.